Monday, August 24, 2015

The answer to that question depends on how comfortable you are using the English language. If there is any doubt, it may be best to err on the side of caution and ask for an interpreter early in your case.

In Illinois, the courts are required to provide a translator for criminal matters if the defendant needs one. All Chicago-area courts have Spanish translators on hand. Other translators are brought in as needed. This can cause some scheduling difficulties with court dates, but any disadvantage is far outweighed by your having a complete understanding of your court case.

The legal and procedural language used in court can be difficult to understand for a non-attorney, especially if you are already anxious about being in court. We have had clients who are normally fluent in English freeze when they get before a judge. Often the translator is simply explaining the procedures taking place. But a translator can be especially important if you are testifying, because you do not want to guess about whether you understood or answered a question correctly.

If you do not ask for a translator early in your case, a judge might distrust your later request and think you are pretending a problem. A recent Illinois Appellate court upheld a decision denying a translator because the defendant had gotten through much of the case without one. (See People v Argueta.) The defendant had repeatedly declined a translator before the trial, and a review of the record showed that the defendant answered questions appropriately.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

Tuesday, August 11, 2015

The exact moment when a police interrogation turns into an arrest is not always clear. But that is the moment when the police must read your Miranda rights—those rights to remain silent and have an attorney present.

Miranda must be given when an individual is in custody and before questioning begins. These rights only apply in inherently coercive, custodial situations. To determine when they apply, an Illinois court looks at 1) the circumstances surrounding an interrogation, and 2) whether a reasonable person would believe they were free to terminate the interrogation and leave. Surprisingly, the use of handcuffs does not automatically mean you are in police custody, although it may be a factor.

To determine whether a reasonable person would feel free to go, Illinois courts consider: 1) the location, time, length, mood and mode of the questioning; 2) the number of police officers present during interrogation; 3) the presence or absence of family and friends of the individual; 4) any indicia of a formal arrest procedure, such as the show of weapons or force, physical restraining, booking or fingerprinting; 5) the manner by which the individual arrived at the place of questioning and 6) the age, intelligence and mental makeup of the accused..” (See People v Coleman.)

If you are charged with a crime, contact an experienced criminal law attorney immediately. An attorney can review your case to determine when you were under arrest and whether the police acted properly. If the arrest was not proper, an attorney can bring a motion asking the judge to throw out any statements you might have made after Miranda warnings should have been given. Even if the police acted properly and the evidence against you is overwhelming, an attorney who is respected at the courthouse may be able to negotiate a more favorable plea agreement than you can on your own.

And "SEARCH AND SEIZURE," "MOTIONS AND DEFENSES" and "EVIDENTIARY MATTERS GENERALLY."

About Me

A criminal and school law attorney with over 20 years of experience, I have successfully represented clients all over the Chicago area. My practice includes DUI, felony, criminal, misdemeanor, homicide, internet crime, retail theft, traffic offenses, cyberstalking, drug or narcotics crimes such as drug possession or drug dealing, weapons violations, domestic battery and juvenile crime. I also represent families involving school cases. My clients come from all over the Chicago area including Skokie, Wilmette, Niles, Northbrook, Glenview, Evanston, Winnetka, Highland park, Northfield, Park Ridge, Des Plaines and Mount Prospect.
I am a member of the ACLU, Illinois State Bar Association.
Se habla espanol.
CONTACT ME: 847-568-0160 or email matt@mattkeenanlaw.com

"Damned if You Do, Damned if You Don't: Behaving at a DUI Stop," by Art Buono. Sept. 20, 2011.

"Time to Shock Schools into Deploying Difibrillators," by Art Buono. November 3, 2011."Anti-Bullying Law Not Enough," November 16, 2011,

PUBLIC APPEARANCES:

November 15, 2012: Presenter: "Student Discipline: The Expulsion Hearing Games" as part of the Illinois State Bar Association continuing legal education course: The Student and Parent Side of School Law Issues.